Ontario Superior Court of Justice Certifies Class Action Against Monsanto and Bayer Regarding Roundup Products

TORONTO, Dec. 12, 2023 /CNW/ - Koskie Minsky LLP is pleased to announce that the Ontario Superior Court of Justice has certified a national class action lawsuit against Monsanto and Bayer centering on allegations that Roundup products cause non-Hodgkin's Lymphoma (NHL). The lawsuit was commenced in December 2019. The motion for certification was heard in March 2023 by Justice Duncan Grace. The Court publicly released its decision on December 11, 2023.

In certifying the lawsuit as a class action, Justice Grace noted in his reasons that a class proceeding would provide "easier access to justice" and that "it is bound to be more economical than the pursuit of multiple individual claims". He also commented in his decision:

Lawsuits of this kind are not for the faint of heart. As is clear from the experience in the United States so far, glyphosate litigation has been hard fought.

That applies to this action too….. the record before me consists of more than 17,000 pages of factual and legal material. Every aspect of the statutory test was the subject of written and oral argument. It does not appear that any expense was spared.

The class action is brought on behalf of individuals who have been exposed¹ to glyphosate-based products distributed and sold by the Defendants.

In 2015, the International Agency for Research on Cancer (IARC) classified glyphosate, the active ingredient in Roundup, as "probably carcinogenic to humans". The lawsuit alleges that the Defendants either knew or should have known that Significant Exposure to Roundup products causes cancer, in particular, NHL. Despite this knowledge, the lawsuit alleges that the Defendants continued to distribute and sell these products without providing sufficient warnings about their potential cancer risks. Additionally, the lawsuit alleges that the Defendants engaged in years of deceptive practices to mislead the public about the safety of Roundup, thereby aiming to safeguard their profits.

The Class is represented by Jeffrey DeBlock, an NHL-survivor. Mr. DeBlock was diagnosed with NHL when he was seventeen years old, after using Roundup as part of his summer job on a local farm. After his diagnosis, Mr. DeBlock went through extensive treatment, which has permanently impacted his health and quality of life. Mr. DeBlock commenced this action to seek justice on his own behalf as well as other class members.

"The certification decision is a significant milestone in our effort to hold Monsanto and Bayer accountable for the alleged harm caused by Roundup," says Jonathan Ptak, a partner at Koskie Minsky LLP, one of the firms prosecuting the class action. "Our legal team is committed to vigorously representing Mr. DeBlock and all class members. This lawsuit is not only about seeking compensation for past wrongs but also about ensuring corporate accountability and public safety going forward. The extensive evidence presented in our certification motion underscores the gravity of the allegations and the importance of this case."

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¹ The class is limited to individuals who had "Significant Exposure" to Roundup, which is defined within the lawsuit as "the application of Roundup on more than two occasions in a 12-month period and more than 10 occasions in a lifetime."

SOURCE Koskie Minsky LLP

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